Proving the Actual Employment Relationship

Abstract

The author analyzes the current issues of evidentiary presumption of labor relations: the types of hidden labor relations to which the presumption applies, the specific rules of its application. The following conclusions are drawn in the work: evidentiary presumption should be applied to all types of hidden labor relations having a single legal nature; specific rules for the application of evidentiary presumption are that the plaintiff provides evidence of the existence of legal relations in the field of labor and their content, and the defendant refutes the fact presumed in this case – the labor nature of the disputes between the parties legal relations.